001_2020_4_b - \u00a9\u2002 2019 University of South Africa All rights reserved Printed and published by the University of South Africa Muckleneuk Pretoria

001_2020_4_b - u00a9u2002 2019 University of South...

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© 2019 University of South Africa All rights reserved Printed and published by the University of South Africa Muckleneuk, Pretoria LAH3701/1/2020–2022 70791333 Indesign MNB_Style
iii LAH3701/1/2020–2022 CONTENTS page INTRODUCTION 1 LEARNING UNIT 1: BACKGROUND TO COMPONENTS OF LAND AND HOUSING 8 1.1 Overview 8 1.2 Timeline 9 1.3 Scenario 12 1.4 The 1996 Constitution 12 1.5 Land law 13 1.6 Housing law 17 1.7 Conclusion 21 LEARNING UNIT 2: HISTORY OF LAND USE IN SOUTH AFRICA 22 2.1 Overview 22 2.2 Land tenure 22 2.3 Legislative timeline 23 2.4 Early inhabitants of southern Africa 24 2.5 Dutch and British occupation 24 2.6 Establishment of the republics 27 2.7 Union of South Africa 28 2.8 Republic 31 2.9 Land tenure for black people 33 2.10 Repeal of discriminatory legislation 34 2.11 Conclusion 35 LEARNING UNIT 3: LAND TENURE OWNERSHIP 36 3.1 Overview 36 3.2 Ownership 37 3.3 Conclusion 41 LEARNING UNIT 4: LAND TENURE OTHER THAN OWNERSHIP 42 4.1 Overview 42 4.2 Land tenure prior to 1991 43 4.3 Land tenure after 1991 49 4.4 Other forms of land ownership and land use 50 4.5 Conclusion 52 LEARNING UNIT 5: LAND REFORM 53 5.1 Overview 53 5.2 Legislative timeline 53 5.3 Commencement of land reform 54 5.4 The Constitution 55 5.5 Section 25 of the Constitution 55 5.6 Three categories of land reform 60 5.7 Successes and failures of land reform 64 5.8 Conclusion 65
iv LEARNING UNIT 6: HOMELESSNESS AND HOUSING IN SOUTH AFRICA 66 6.1 Overview 66 6.2 Homelessness and housing 66 6.3 The apartheid legacy 68 6.4 The 1994 democratic dispensation 70 6.5 Housing delivery and backlogs since 1994 71 6.6 Conclusion 72 LEARNING UNIT 7: SECTION 26 OF THE CONSTITUTION 73 7.1 Overview 73 7.2 Section 26 of the Constitution 73 7.3 Conclusion 88 LEARNING UNIT 8: LEGISLATION AND POLICIES GOVERNING HOUSING RIGHTS IN SOUTH AFRICA 89 8.1 Overview 89 8.2 Introduction 89 8.3 Policy measures: implementing the right of access to adequate housing 96 8.4 Conclusion 100 LEARNING UNIT 9: EVICTIONS 101 9.1 Overview 101 9.2 Introduction 101 9.3 Legislation applicable to evictions 102 9.4 Differences between evictions under common law and PIE 104 9.5 Application of PIE 104 9.6 National Building Regulations and Building Standards Act 103 of 1977 106 9.7 Meaningful engagement 107 9.8 Mediation 107 9.9 Joinder in court proceedings 108 9.10 Conclusion xxx
1 LAH3701/1 INTRODUCTION Welcome to the Land and Housing module. This module deals primarily with land and housing-related issues in South Africa, starting with the early pre-colonial period, through to the pre-constitutional period (before 1994), the period post 1994, and ending with the present. Although the issues dealt with are constantly changing, the module intends to give you an overview to enable you to prepare for and understand the current issues facing our constitutional democracy and how the government is dealing with them. We hope that you will enjoy this module and wish you all the best! 1.1 Aims of this study guide The aims of this study guide are to provide information in an interactive and learner-centred manner to develop your skills in and thorough knowledge and understanding of the following: y the history of land and homelessness in South Africa and the implications thereof y

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